● 13 witnesses saw defendant pouring concrete at his father’s house at the time of the crime.

Did the defendant testify at trial?

Yes

Quotes from Exoneree Testimony

● Defendant testified that he was at his father’s house at the time of the crime. ● When asked if he attacked the victim, he testified “No.”

Types of evidence at trial

Eyewitness

Forensic Evidence

Type of Forensic Evidence

Hair

Types of Flawed Forensics

Vague

Valid

Brief Quote / Description of Testimony

The analyst testified, using unreliable and vague terminology that was accepted in the field, that the defendants’ and the questioned hairs were “consistent.”

Identity of eyewitness

Intraracial Identificaiton

Victim

Lineup Procedures

Composite drawing

Lineup

Photo array

Suggestive Procedures

Yes ● Repeated photo – he was the only person repeated in photo and line line-ups ● Suggestive line-up – defendant was the shortest in line-up ● Suggestive remarks – victim told she had identified the suspect and of his prior criminal record

Quotes from testimony #1

Sheriff testified before trial, “I believe she was informed that the person we had arrested would be in the lineup” but at trial stated victim may have been told that after making the identification Victim – “Q. When he showed you the photo lineup, you assumed he had a suspect in mind, isn’t that right? A. I believe so. Q. And you assumed that his picture was included with those photos, isn’t that correct? A. Yes, I assumed that, yes.

Unreliable Identification?

No ●Discrepancy – eye color

Quotes from testimony #2

“Q. Did your attacker have brown eyes? A. No, he had brown eyes – No, he had blue eyes. I originally said brown eyes to Judy Dvorak. When I picked ou the photo in my hospital robe as I handed it to the Sheriff, I commented, ‘He’s got blue eyes, I was mistaken.”